BSL-89 Dr Kate Attfield, Academic-Senior Lecturer

Senedd Cymru | Welsh Parliament

Bil Aelod Arfaethedig – Mark Isherwood AS | Proposed Member Bill - Mark Isherwood MS

Datblygu'r Bil Iaith Arwyddion Prydain (BSL) (Cymru) | Development of the British Sign Language (BSL) (Wales) Bill

Ymateb gan: Dr Kate Attfield, Darlithydd Academaidd Uwch | Evidence from: Dr Kate Attfield, Academic-Senior Lecturer

The need for legislation

The British Sign Language Act 2022 requires the UK Government to issue guidance about the promotion and facilitation of the use of British Sign Language (BSL). This however only applies in England and not to the Welsh Government or public bodies in Wales such as councils or the NHS.  The British Sign Language (BSL) (Wales) Bill aims to place equivalent specific duties on the Welsh Government and public bodies in Wales.

Question 1: Do you think there is a need for this legislation? Please provide reasons for your answer.

Yes there is an absolute definite need for this legislation.

Question 2: Do you agree or disagree with the goals that the Bill seeks to achieve? Please provide reasons for your answer.

Yes, although specifically, Deaf education must incorporate BSL linguistics, so that Deaf people (as well as hearing people) have a chance to understand the complex structure of their own language. They will then be able to learn cognitive development fully and thus achieve high level qualifications, through learning precisely within the parameters of grammatical accuracy of their natural language.

British Sign Language

Question 3: Do you agree that the Bill should include proposals to promote and facilitate the use of BSL and its tactile forms?

Yes

Question 4: Do you agree that the Bill should support the various Welsh regional dialects of BSL?

Yes

Question 5: Do you think that the term ‘BSL users’ should be replaced with ‘BSL signers’, recognising that BSL is a language which includes both deaf and hearing signers? Please provide reasons for your answer.

No.

(I don't know what you mean by 'its tactile forms' - but if this is a part of BSL linguistics, then that is fine. 

BSL linguistics will educate Deaf people and all people about regional dialects.

Yes of course the term should be 'BSL signers'; we don't describe hearing people as 'English users'. One doesn't 'use' a language'.

Question 6: Do you think that the term ‘deaf BSL signers’ can be used when referring to BSL users/signers who are medically or audiologically deaf?  Please provide reasons for your answer.

No.

A Deaf person's medical status is irrelevant in terms of their signing BSL; that is a cultural and/or political choice. All BSL signers should be known as 'BSL signer'.

Deaf Communities

Question 7: Do you agree or disagree that deaf communities:

a) currently have a voice in the design and delivery of the public services that they use? Please tick the answer that most applies and provide any comments.

Strongly disagree.

They currently do not have this.

Also often they can be excluded if they do not accept the label of 'disability' that is imposed on them - which can be their only way in to 'consultation'.

b) should have a formalised voice in the design and delivery of the public services that they use, especially ones targeted at deaf people. Please tick the answer that most applies and provide any comments.

Strongly agree.

Of course Deaf people should have a formalised voice in the design and delivery of services relevant to them.

Question 8: Are there any specific communication methods used by deaf people that you would like the Bill to reference/include?

I would like the Bill to only reference 'British Sign Language', as this is a whole, independent language with its own grammar.

BSL is not a communication support system in any sense whatsoever.

I'm not convinced about the linking 'tactile forms' reference.

Barriers that exist for deaf people

Question 9: What do you believe are the main barriers that currently exist for deaf people and/or their families in the following areas. Please tick all that apply and provide information/examples on each area:

Education; Health; Social Care; Transport; Workplace; Other Public Services used by deaf people and their families.

Access to meaningful education, and access to 'white collar' jobs. The main barrier is that Deaf people are not educated in BSL linguistics, so that they are prevented from understanding the worth of their own language. Deaf people are taught to sign 'sign supported English' - which they cannot challenge, and they subsequently and interchangeably believe that they have a disability. There must be a sea change here. An optional BSL GCSE, even if implemented, will not address this fault.  

Prof Annelies Kusters, Dr Rachel Sutton-Spence, Dr Paddy Ladd, Steve Emery, Ben Bahan and Harlan Lane are some Deaf Studies academics whose work might be useful to read about this.

Establishing a BSL Commissioner for Wales

The Bill proposes to establish a BSL Commissioner who would promote and facilitate the use of BSL, and would have the same powers as other minority language Commissioners such as in the Welsh Language (Wales) Measure 2011.

Question 10: Do you agree or disagree with the proposal to establish a BSL Commissioner for Wales, and, do you have any different suggestions or alternatives? Please provide reasons for your answer.

Yes

Question 11: The proposed remit of the Commissioner would be to:

§    formulate BSL standards;

§    establish a BSL Advisory Panel;

§    produce reports every 5 years in BSL, Welsh and English on the position of BSL in that period;

§    provide guidance and a process for public bodies to promote and facilitate BSL in their respective domains;

§    establish a procedure for the investigation of complaints.

Do you agree with the proposed remit of the Commissioner, and are there any other provisions you would like to include in the Commissioner’s remit? Please provide reasons for your answer.

Yes this is an excellent idea.

The BSL Commissioner must be a Deaf BSL signer, ideally educated to university level (but absolutely not from the RNID who represent oralism).

Question 12: Do you agree that the BSL Commissioner and the BSL Advisory Panel members should be fluent users/signers?

Yes

Question 13: Do you think that the proposed BSL Commissioner and Advisory Panel should prioritise the following. Please tick all that apply and provide reasons for your answer.

Enabling deaf users/signers to lead the development of policies and implementation of services for BSL users/signers; Early years language support for deaf children and their families; Improving BSL provision in education.

I agree with all proposed targets.

Deaf people must lead this development.

Deaf education, including BSL linguistics for all Deaf children must be prioritised. This will require initial investment in educating Deaf teachers in BSL linguistics.

Deaf adults also need to be offered courses on BSL linguistics - because often they will have only learned to sign from fellow Deaf friends, or else learned sign supported English previously in school. This would lead to their understanding the basis of Deaf Studies.

The investment in interpreters idea is difficult and contentious; this was the priority of the BSL Act 2003, which meant Deaf people themselves were not invested in.

Ideally, hearing people in all walks of life need to be offered the opportunity to learn BSL as well.

Question 14: Do you agree or disagree with the proposal to place a duty on the Welsh Government to prepare and publish an annual BSL report? Please provide reasons for your answer.

Yes.

Yes of course I agree; the Welsh Gov will then have to work hard to develop resources and aim to secure social justice for Deaf people.

Question 15: Are there any other issues that you would like to raise about the Bill and the accompanying Explanatory Memorandum?

Thank you for putting forward this Bill. I am sure it will help to transform the opportunities for many Welsh Deaf people, and multiple countries will follow suit.

Question 16: Anything else?

I would like the Bill to be as ambitious, and specific as possible.

I also hope that 'disability' will no longer be imposed on Deaf people, and the Equality Act will be amended to recognise Deaf people as a protected characteristic, as a cultural and linguistic group of people.

The Human Fertilisation and Embryology Act 2008 S14(4) must be superceded - it states that 'deafness' is a 'serious disability' and 'where an embryo is known to be deaf, it cannot be selected for survival'. This is modern eugenics. 

It would be powerful if these two aspects could be referred to in the BSL Wales Bill.